27.8.2011

EN

Official Journal of the European Union

C 252/15

(Case C-281/11)

2011/C 252/29

Language of the case: Polish

Parties

Applicant: European Commission (represented by: L. Pignataro-Nolin and M. Owsiany Hornung, acting as Agents)

Defendant: Republic of Poland

Form of order sought

—declare that, by failing to transpose or transposing incorrectly Article 2(a), (b), (d), (e) and (f), Article 3(3), Article 4(3), Article 6, Article 7, Article 8, Article 9(1) and (2)(a), Article 10(3) and (4) and Article 18(1), second subparagraph, and (3) and (4) of, and the fourth indent of Part A, the first indent of Part B and the first indent of Part C of Annex V to, Directive 2009/41/EC of the European Parliament and of the Council of 6 May 2009 on the contained use of genetically modified micro-organisms, the Republic of Poland has failed to fulfil its obligations under that directive;

—order the Republic of Poland to pay the costs.

Pleas in law and main arguments

The Commission complains that the Republic of Poland has transposed incorrectly into Polish law the definitions of ‘micro-organism’, ‘genetically modified micro-organism’, ‘accident’ and ‘user’ contained respectively in Article 2(a), (b), (d) and (e) of Directive 2009/41. According to the Commission, an infringement is also constituted by the fact that the Polish legislation does not contain a definition of ‘notification’, a definition which appears in Article 2(f) of the directive.

The Commission further maintains that Articles 3(3), 6, 7, 8, 9(1) and (2)(a) and 18(1), second subparagraph, and (3) and (4) of Directive 2009/41 and the first indent of Part B and the first indent of Part C of Annex V thereto have not been transposed into Polish law.

According to the Commission, the transposition of Article 4(3) of Directive 2009/41 is incorrect because under Polish law the first class encompasses only activities of no risk whereas the directive also encompasses activities of negligible risk.

The Commission also complains that the Republic of Poland has implemented Article 10(3) of Directive 2009/41 incorrectly by restricting the possibility of specifying additional conditions for the contained use of genetically modified organisms solely to the situation where it is called for by the need to protect human health or the environment, whereas Article 10(3) of Directive 2009/41 does not contain such a restriction.

Furthermore, according to the Commission, Article 10(4) of Directive 2009/41 has been transposed into national law incorrectly because the latter introduces a 30-day period for which the directive does not provide.

Finally, the Commission asserts that the Polish authorities have not fully transposed the fourth indent of Part A of Annex V to Directive 2009/41.